North Dakota Leave Laws Mandates
Unlike states that mandate paid leave for all workers, North Dakota’s Legislature keeps leave policy lean.
The state’s leave laws primarily focus on public-sector employees. Chapter 4-07 of the Administrative Code gives workers in state agencies and local governments that use the state merit system accrued paid sick leave. Chapter 54-52.4 of the Century Code adds up to 12 workweeks of unpaid, job-protected family leave for those who meet the service-hour thresholds.
Private employers aren’t covered by either statute; they default to the federal Family and Medical Leave Act (FMLA), and any additional leave they offer is voluntary..
North Dakota Sick Leave Law:
State employees start accruing sick time on their first day at a flat eight hours per month, and unused hours roll forward without a cap.
They may spend this time on their own illness or medical appointments; up to 80 hours a year helping family members with routine care; as much as 480 hours caring for a child, spouse, or parent with a serious health problem; or six weeks bonding with a newborn or newly adopted child.
North Dakota Family and Medical Leave Law (public sector):
According to North Dakota State Law, any state employee who has worked for North Dakota for at least a year and logged 1,250 hours can take up to 12 workweeks of unpaid, job-protected leave during any rolling 12-month period.
Qualifying reasons mirror FMLA (employee’s or family member’s serious health condition, bonding, certain military exigencies) and extend to 26 weeks to care for a wounded service member. Agencies run this leave concurrently with federal FMLA and require staff to exhaust paid balances first..
North Dakota Vacation Leave:
Annual leave accrues from day one at eight hours per month, climbing to 10, 12, 14, and finally 16 hours with tenure. Employees may carry forward up to 240 hours after 30 April each year; excess hours expire on that date.
Special-Purpose Paid Leaves for State Personnel:
Funeral or veteran honor-guard duties, jury and witness service, military training or mobilization, organ or bone-marrow donation, and disaster-response volunteering each come with their own paid-time allotments. These hours do not reduce the sick or annual leave bank.
Federal FMLA in North Dakota’s Private Sector:
Private-sector workers qualify for up to 12 unpaid weeks (26 for military caregiving) under the federal FMLA if they work for an employer with 50 or more U.S. employees and meet the 12-month/1,250-hour threshold. North Dakota has not extended parallel rights to smaller employers or added pay requirements.
North Dakota State Leaves: At a Glance
| Leave Type | Eligibility | Description |
|---|---|---|
| Sick Leave | All classified state employees from day one | Paid. Accrues 8 hours per month with unlimited carry-over. May be used for personal illness, medical appointments, limited family care, bonding (6 weeks), and certain safety-leave needs. |
| Family and Medical Leave (Job-Protected) | State employees with at least 12 months of service and 1,250 hours worked; private-sector employees qualify under federal FMLA at employers with 50 or more U.S. employees | Unpaid. Up to 12 weeks per rolling 12-month period (26 weeks to care for a wounded service member). Agencies may require employees to use available paid leave first. |
| Annual (Vacation) Leave | Classified state employees from day one | Paid. Accrues 8–16 hours per month based on tenure. Carry-over capped at 240 hours after April 30 each year. |
| Funeral / Honor-Guard Leave | State employees asked to serve as pallbearer or honor guard | Paid. Up to 24 hours per event or per calendar year. |
| Jury Duty / Witness Leave | Any employee summoned by a court | Paid (excluding jury fees). Duration equals the time required by the court. |
| Military Service Leave | State employees who are members of the National Guard or U.S. reserves | Paid for the first 20–30 workdays each year; unlimited unpaid job protection afterward under USERRA. |
| Organ / Bone-Marrow Donation Leave | State employees serving as living donors | Paid. Up to 20 workdays per calendar year for the donation procedure and recovery. |
| Disaster-Response Volunteer Leave | State employees who are certified volunteer firefighters or EMTs | Paid. Up to 5 workdays per officially declared emergency. |
| Domestic-Violence Safety Leave | State employees who are victims or assisting an immediate family member who is a victim | Uses accrued sick leave. Up to 40 hours per year for legal, medical, counseling, or relocation needs. |
Other North Dakota-Specific Leave Laws
- Disaster-response volunteer leave: Five paid days per calendar year for volunteer firefighters or EMTs during a declared emergency.
- Organ and bone-marrow donation leave: Up to 20 paid workdays a year for living donors.
- Domestic-violence, sexual-assault, stalking, or terrorizing safety leave: Up to 40 hours of sick leave (supervisor discretion) for legal, medical, counseling, or relocation needs.
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specifies which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Carry Forward and Forfeiture Rules: States if unused leave can be transferred to the next year or if it expires after a specific period. Tracking and Leave Records: Outlines how the organization monitors and maintains each employee’s leave entitlement and usage.
HR compliance: Notice and Documentation requirements
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| Family and Medical Leave | 30 days if foreseeable; otherwise as soon as practicable | Medical certification or proof of relationship or bonding event |
| Sick Leave | Prompt notice per agency policy, generally before the start of the shift | Supervisor may request proof after 3 consecutive days or for a serious health condition |
| Military Service | Immediately upon receiving orders | Copy of duty orders |
| Jury Duty | Upon receipt of summons | Court summons |
| Organ / Bone-Marrow Donation | Reasonable advance notice | Physician statement confirming the procedure |
| Disaster-Response Volunteer | As soon as practicable after official call-up | Governor’s emergency declaration and agency approval |
